Smith v. Ayers et al

Filing 4

ORDER TRANSFERRING CASE to the Eastern District of California; Signed by Judge Marilyn Hall Patel on 12/18/2008. (Attachments: # 1 CertServ)(awb, COURT-STAFF) (Filed on 12/23/2008)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA In Re. STEVIE SMITH, Plaintiff. / No. C 08-4325 MHP (pr) ORDER OF TRANSFER Stevie Smith filed this pro se civil rights action under 42 U.S.C. 1983, complaining of acts and omissions at the Corcoran State Prison in Corcoran, California. He has not identified any defendants by name, although it appears that the defendants will be members of the prison staff at Corcoran. Corcoran is in Kings County, and that county is within the venue of the Eastern District of California. Venue therefore properly lies in that district and not in this one. See 28 U.S.C. 1391(b). Accordingly, in the interest of justice and pursuant to 28 U.S.C. 1406(a), this action is TRANSFERRED to the United States District Court for the Eastern District of California. The clerk shall transfer this matter. IT IS SO ORDERED. DATED: December 18, 2008 Marilyn Hall Patel United States District Judge

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